An Act to prevent the commission of offences of atrocities against the members of the Scheduled Castes and the Scheduled Tribes, to provide for Special Courts for the trial of such offences and for the relief and rehabilitation of the victims of such offences and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Fortieth Year of the Republic of India as Follows :-

CHAPTER I PRELIMINARY 1. (1) This Act may be called the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. (2) It extends to the whole of India except the State of Jammu & Kash- mir. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

section 3; (b) “Code” means the Code of Criminal Procedure, 1973 (2 of 1974);(c) “Scheduled Castes and Scheduled Tribes” shall have the meanings assigned to them respectively under clause (24) and clause

(25) of article 366 of the Constitution: (d) “Special Court” means a Court of Session specified as a Special Court in section 14; (e) “Special Public Prosecutor” means a Public Prosecutor specified as a Special Public Prosecutor or an advocate referred to

in section 15; (f) words and expressions unsed but not defined in this Act and defined in the Code or the Indian Penal Code (45 of 1860)

shall have the meanings assigned to them respectively in the Code, or as the case may be, in the Indian Penal Code.

(2) Any reference in this Act to any enactment or any provision thereof shall in relation to an area in which such enactment

or such provision is not in force, be construed as a reference to the corresponding law, if any, in force in that area. - 2 -

(1) Whoever, not being a member of a Scheduled Caste or a Scheduled of Tribe,- atrocities. (i) forces a member of a Scheduled Caste or a Scheduled Tribe to drink or eat any inedible or obnoxious substance;

(ii) acts with intent to cause injury, insult or annoyance to any member of a Scheduled Caste, or a Scheduled Tribe by dumping excreta, waste matter, carcasses or any other obnoxious substance in his premises or neighbourhood;

(iii) forcibly removes clothes from the person of a member of a Scheduled Caste or a Scheduled Tribe or parades him naked or with painted face or body or commits any similar act which is derogatory to human dignity;

(iv) wrongfully occupies or cultivates any land owned by, or allotted to, or notified by any competent authority to be allotted to, a member of a Scheduled Caste or a Scheduled Tribe or gets the land allotted to him transferred;

(v) wrongfully dispossesses a member of a Scheduled Caste or a Scheduled Tribe from his land or premises or interferes with the enjoyment of his rights over any land, premises or water;

(vi) compels or entices a member of a Scheduled Caste or a Scheduled Tribe to do ‘begar’ or other similar forms of forced or bonded labour other than any compulsory service for public purposes imposed by Government;

(vii) forces or intimidates a member of a Scheduled Caste or a Scheduled Tribe not to vote or to vote to a particular candidate or to vote in a manner other than that provided by law;

(viii) institutes false, malicious or vexatious suit or criminal or other legal proceedings against a member of a Scheduled Caste or a Scheduled Tribe.

(ix) gives any false or frivolous information to any public servant and thereby causes such public servant to use his lawful

power to the injury or annoyance of a member of a Scheduled Caste or a Scheduled Tribe;

(x) intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any

place within public view;

(xi) assaults or uses force to any woman belonging to a Scheduled Caste or a Scheduled Tribe with intent to dishonour or

outrage her modesty; (xii) being in a position to dominate the will of a woman belonging to a Scheduled Caste or a Scheduled

Tribe and uses that position to exploit her sexually to which she would not have otherwise agreed;

(xiii) corrupts or fouls the water of any spring, reservoir or any other source ordinarily used by members of the Scheduled

Castes or a Scheduled Tribes so as to render it less fit for the purpose for which it is ordinarily used; - 3 -

(xiv) denies a member of a Scheduled Caste or a Scheduled Tribe any customary right of passage to a place of public resort or

obstructs such member so as to prevent him from using or having access to a place of public resort to which other members of

public or any section thereof have a right to use or access to;

(xv) forces or causes a member of a Scheduled Caste or a Scheduled Tribe to leave his house, village or other place of

residence, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to

five years and with fine.

(2) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe,-

(i) gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he will thereby cause, any

member of a Scheduled Caste or a Scheduled Tribe to be convicted of an offence which is capital by the law for the time being

in force shall be punished with imprisonment for life and with fine; and if an innocent member of a Scheduled Caste or a

Scheduled Tribe be convicted and executed in consequence of such false or fabricated evidence, the person who gives or

fabricates such false evidence, shall be punished with death;

(ii) gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he will thereby cause, any

member of a Scheduled Caste or a Scheduled Tribe to be convicted of an offence which is not capital but punishable with

imprisonment for a term of seven years or upwards, shall be punishable with imprisonment for a term which shall not be less

than six months but which may extend to seven years or upwards and with fine;

(iii) commits mischief by fire or any explosive substance intending to cause or knowing it to be likely that he will thereby

cause damage to any property belonging to a member of a Scheduled Caste or a Scheduled Tribe, shall be punishable with

imprisonment for a term which shall not be less than six months but which may extend to seven years and with fine;

(iv) commits mischief by fire or any explosive substance intending to cause or knowing it to be likely that he will thereby

cause destruction of any building which is ordinarily used as a place of worship or as a place for human dwelling or as a

place for custody of the property by a member of a Scheduled Caste or a Scheduled Tribe, shall be punishable with imprisonment

for life and with fine;

(v) commits any offence under the Indian Penal Code (45 of 1860) punishable with imprisonment for a term of ten years or more

against a person or property on the ground that such person is a member of a Scheduled Caste or a Scheduled Tribe or such

property belongs to such member, shall be punishable with imprisonment for life and with fine;

(vi) knowingly or having reason to believe that an offence has been committed under this Chapter, causes any evidence of the

commission of that - 4 - offence to disappear with the intention of screening the offender from legal punishment, or with that

intention gives any information respecting the offence which he knows or believes to be false, shall be punishable with the

punishment provided for that offence; or

(vii) being a public servant, commits any offence under this section, shall be punishable with imprisonment for a term which

shall not be less than one year but which may extend to the punishment provided for that offence.

]]>Mon, 20 May 2013 13:00:46 +0000http://www.legalserviceindia.com/issues/topic1316-section-3-punishment-for-offences-new-posts.htmlhttp://www.legalserviceindia.com/issues/topic1315-section-4punishment-for-neglect-of-duties-new-posts.html
Whoever, being a public servant but not being a member of a Scheduled Caste or a Scheduled Tribe, wilfully neglects his duties required to be performed by him under this Act, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to one year.]]>Mon, 20 May 2013 12:59:04 +0000http://www.legalserviceindia.com/issues/topic1315-section-4punishment-for-neglect-of-duties-new-posts.htmlhttp://www.legalserviceindia.com/issues/topic1314-section-5-enhanced-punishmentfor-subsequent-conviction-new-posts.html
Whoever, having already been convicted of an offence under this Chapter is convicted for the second offence or any offence subsequent to the second offence, shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to the punishment provided for that offence.]]>Mon, 20 May 2013 12:58:02 +0000http://www.legalserviceindia.com/issues/topic1314-section-5-enhanced-punishmentfor-subsequent-conviction-new-posts.htmlhttp://www.legalserviceindia.com/issues/topic1313-section-6-application-of-certain-provisions-of-the-indian-penal-code-new-posts.html
Subject to the other provisions of this Act, the provisions of section 34, Chapter III, Chapter IV, Chapter V, Chapter VA, Section 149 and Chapter XXIII of the Indian Penal Code (45 of 1860), shall, so far as may be, apply for the purposes of this Act as they apply for the purposes of the Indian Penal Code.]]>Mon, 20 May 2013 12:56:51 +0000http://www.legalserviceindia.com/issues/topic1313-section-6-application-of-certain-provisions-of-the-indian-penal-code-new-posts.htmlhttp://www.legalserviceindia.com/issues/topic1312-section-7-forfeiture-of-property-of-certain-persons-new-posts.html
(1) Where a person has been convicted of any offence punishable under this Chapter, the Special Court may, in addition to awarding any punishment, by - order in writing, declare that any property, movable or immovable or both, be- longing to the person, which has been used for the commission of that offence, shall stand forfeited to Government.

(2) Where any person is accused of any offence under this Chapter, it shall be open to the Special Court trying him to pass an order that all or any of the properties, movable or immovable or both, belonging to him, shall, during the period of such trial, be attached, and where such trial ends in conviction, the property so attached shall be liable to forfeiture to the extent it is required for the purpose of realisation of any fine imposed under this Chapter.

(1) Where the Special Court is satisfied, upon a complaint, or a police re- port that a person is likely to commit an offence under Chapter II of this Act in any area included in ‘Scheduled Areas’ or ‘tribal areas’, as referred to in article 244 of the Constitution, it may, by order in writing, direct such person to remove himself beyond the limits of such area, by such route

and within such time as may be specified in the order, and not to return to that area from which he was directed to remove himself for such period, not exceeding two years, as may be specified in the order.

(2) The Special Court shall, along with the order under sub-section (1) communicate to the person directed under that sub-section the grounds on which such order has been made.

(3) The Special Court may revoke or modify the order made under sub-section (1), for the reasons to be recorded in writing, on the representation made by the person against whom such order has been made or by any other person on his behalf within thirty days from the date of the order.

]]>Mon, 20 May 2013 12:55:05 +0000http://www.legalserviceindia.com/issues/topic1311-section-10-removal-of-person-likely-to-commit-offence-new-posts.htmlhttp://www.legalserviceindia.com/issues/topic1310-section-11-procedure-on-failure-of-person-to-remove-himself-from-area-and-enter-thereon-after-removal-new-posts.html
(1) If a person to whom a direction has been issued under section 10 to remove himself from any area-

(a) fails to remove himself as directed; or

(b) having so removed himself enters such area within the period speci fied in the order

otherwise than with the permission in writing of the Special Court under subsection (2), the Special Court may cause him to be arrested and removed in police custody to such place outside such area as the Special Court may specify.

(2) The Special Court may, by order in writing, permit any person in res- pect of whom an order under section 10 has been made, to return to the area from which he was directed to remove himself for such temporary period and subject to such conditions as may be specified in such order and may require him to execute a bond with or without surety for the due observation of the conditions imposed.

(3) The Special Court may at any time revoke any such permission.

(4) Any person who, with such permission, returns to the area from which he was directed to remove himself shall observe the conditions imposed, and at the expiry of the temporary period for which he was permitted to return, or on the revocation of such permission before the expiry of such temporary period, shall remove himself outside such area and shall not return thereto within the unexpired portion specified under section 10 without a fresh permission.

(5) If a person fails to observe any of the conditions imposed or to remove himself accordingly or having so removed himself

enters or returns to such area without fresh permission the Special Court may cause him to be arrested and removed in police custody to such place outside such area as the Special Court may specify.

]]>Mon, 20 May 2013 12:53:41 +0000http://www.legalserviceindia.com/issues/topic1310-section-11-procedure-on-failure-of-person-to-remove-himself-from-area-and-enter-thereon-after-removal-new-posts.htmlhttp://www.legalserviceindia.com/issues/topic1309-section-12-taking-measurements-and-photographs-etc-of-persons-against-whom-order-under-section-new-posts.html
(1) Every person against whom an order has been made under section 10 shall, if so required by the Special Court, allow his measurements and - photographs to be taken by a police officer.

(2) If any person referred to in sub-section (1), when required to allow his against whom measurements or photographs to be taken resists or refuses to allow his taking order under of such measurements or photographs, it shall be lawful to use all necessary section 10 is means to secure the taking thereof. made.

(3) Resistance to or refusal to allow the taking of measurements or photographs under sub-section (2) shall be deemed to be an offence under section 186 of the Indian Penal Code (45 of 1860). (4) Where an order under section 10 is revoked, all measurements and photographs (including negatives) taken under sub- section (2) shall be destroyed or made over to the person against whom such order is made.

]]>Mon, 20 May 2013 12:52:25 +0000http://www.legalserviceindia.com/issues/topic1309-section-12-taking-measurements-and-photographs-etc-of-persons-against-whom-order-under-section-new-posts.htmlhttp://www.legalserviceindia.com/issues/topic1308-section-13penalty-for-non-compliance-under-section-10-new-posts.html
Any person contravening an order of the Special Court made under sec- tion 10 shall be punishable with imprisonment for a term which may extend to of order one year and with fine.]]>Mon, 20 May 2013 12:50:53 +0000http://www.legalserviceindia.com/issues/topic1308-section-13penalty-for-non-compliance-under-section-10-new-posts.htmlhttp://www.legalserviceindia.com/issues/topic1307-section-14-special-court-new-posts.html
CHAPTER IV SPECIAL COURTS

For the purpose of providing for speedy trial, the State Government shall, with the concurrence of the Chief Justice of the High Court, by notification in the Official Gazette, specify for each district a Court of Session to be a Special Court to try the offences under this Act.

]]>Mon, 20 May 2013 12:50:09 +0000http://www.legalserviceindia.com/issues/topic1307-section-14-special-court-new-posts.htmlhttp://www.legalserviceindia.com/issues/topic1306-section-15-special-public-prosecutor-new-posts.html
For every Special Court, the State Government shall, by notification in the Official Gazette, specify a Public Prosecutor or appoint an advocate who has been in practice as an advocate for not less than seven years, as a Special Public Prosecutor for the purpose of conducting cases in that Court.]]>Mon, 20 May 2013 12:48:47 +0000http://www.legalserviceindia.com/issues/topic1306-section-15-special-public-prosecutor-new-posts.htmlhttp://www.legalserviceindia.com/issues/topic1305-section-16power-of-state-govern-ment-to-impose-collective-fine-new-posts.html
CHAPTER V MISCELLANEOUS The provisions of section 10A of the Protection of Civil Rights Act, 1955 (22 of 1955) shall, so far as may be, apply for he purposes of imposition and realisation of collective fine and for all other matters connected therewith under this Act.]]>Mon, 20 May 2013 12:47:56 +0000http://www.legalserviceindia.com/issues/topic1305-section-16power-of-state-govern-ment-to-impose-collective-fine-new-posts.htmlhttp://www.legalserviceindia.com/issues/topic1304-section-17-preventive-action-to-be-taken-by-the-law-and-order-machinery-new-posts.html
(1) A District Magistrate or a Sub-divisional Magistrate or any other Exe- cutive Magistrate or any police officer not below the rank of a Deputy Superintentendent of Police may, on receiving information and after such inquiry as he may think necessary, has reason to believe that a person or a group of persons not belonging to the Scheduled Castes or the Scheduled Tribes, residing in or frequenting any place within the local limits of his jurisdiction is likely to commit an an offence or has threatened to commit any offence under this Act and is of the opinion that there is sufficient ground for proceeding, declare such an area to be an area prone to atrocities and take necessary action for keeping the peace and good behaviour and maintenance of public order and tranquility and may take preventive action.

(2) The provisions of Chapters VIII, X and XI of the Code shall, so far as may be, apply for the purposes of sub-section (1).

(3) The State Government may, by notification in the Official Gazette, make one or more schemes specifying the manner in which the officers referred to in sub-section (1) shall take appropriate action specified in such scheme or schemes to prevent atrocities and to restore the feeling of security amongst the members of the Scheduled Castes and the Scheduled Tribes